Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

According to the guidelines, only the undertaking which is the first to submit the leniency application may expect to be granted full immunity from a fine.The next enterprises to submit leniency applications may expect the following reductions of fines : 
1. the second applicant – reduction of a fine by maximally 50%; 
2. the third applicant – reduction of a fine by maximally 30%; 3. the subsequen …

Leniency

The President of the Office may issue a decision ordering to refrain from a restrictive practice.

Cease and desist orders

Where an undertaking engages in restrictive agreements or abuses its dominant position, a fine not exceeding 10% of annual turnover may be imposed.

The President of the Office may also impose a fine up to 3% of previous years' turnover, if an undertaking (even unintentionally) fails to cooperate with the UOKiK, provides false or misleading information, or commits violations related to dawn raids. 

Additionally, periodic fines have been introduced, which can amount to up to 5% of the undertaking's average daily turnover in the year prior to imposition, for every day of delay in implementing decisions from the Office or related judicial rulings. 

In the fixing of the amount of the fines, the duration of the infringement,its gravity, its circumstances, and the existence of previous infringements must be taken into account (Section 111). Before the 2023 Amendment, UOKiK was limited to fining only those companies directly involved in an infringement. However, following the amendment, it became possible to fine the parent company for violations committed by its subsidiary if the parent exercised “decisive influence” over that subsidiary (regardless of its own personnal implication in the infringement). Such influence is presumed if the parent holds more than 90 percent of the subsidiary’s share capital. The UOKiK is now able to take into account the annual turnover of the entire undertaking.

Until now, participating in trade associations was not really the highest-risk activity because the fine couldn’t exceed 10 percent of the association’s annual turnover itself. Now, for trade associations and following the amendment, the fine limit will be set at 10 percent of the total annual turnovers of the trade association’s members operating in the relevant market. If the trade association is unable to cover the fine, members who had representatives in the association’s bodies, and in a second time other members, may be required to pay instead.

The 2014 amendments provided for the responsibility of individuals, namely managers. They also incur an administrative fine of up to EUR 450,000 for precisely detailed infringements including anticompetitive vertical agreements where committed intentionally. On 30 July 2020, the President of the Office released Guidelines on the imposition of fines on managers, which clarify the authority's approach on the matter.

Fines

According to the guidelines, only the undertaking which is the first to submit the leniency application may expect to be granted full immunity from a fine.The next enterprises to submit leniency applications may expect the following reductions of fines : 

1. the second applicant – reduction of a fine by maximally 50%; 

2. the third applicant – reduction of a fine by maximally 30%; 3. the subsequent applicants – reduction of a fine by maximally 20%.

The 2014 amendments improve the leniency program with a leniency plus option according to which undertakings which are not the first to report the cartel will be allowed to inform the Office of the existence of another infringement, in exchange for a fine reduction of 30% for the first cartel and full immunity for the second. Since 20 May 2023, criminal liability for undertakings involved in tender collusion has been removed if they apply for a penalty reduction or waiver.

Directors of undertakings who are now also liable for competition law infringements may apply for both leniency and leniency plus programmes.

Furthermore, on 10 April 2017, the President of the Office for Competition and Consumer Protection announced the launch of a pilot programme designed to encourage whistleblowers to come forward anonymously by providing information on illegal practices through a dedicated hotline and e-mail address.

Information disclosed during an anti-monopoly investigation can be used in criminal proceedings conducted under the public complaints procedure (Section 73), but the Act on Competition and Consumer Protection does not itself provide for criminal sanctions.

Global Competition Law

555. Leniency

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Les notions juridiques connexes

555. Leniency

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise